R v Faisal Hussain

R v Faisal Hussain

The sentence of 7 years’ imprisonment was manifestly excessive as the appellant’s role was limited in time and quantity, and should have been categorised as significant in Category 3, not Category 2. The sentence is reduced to 5 years, 2 months.

Parties
Appellant: Faisal Hussain; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Drug Offences, Conspiracy, Appeal Against Sentence
Criminal Law Sentencing Drug Offences Conspiracy Appeal Against Sentence

Case Brief

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Parties

Faisal Hussain

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the appellant's role and circumstances
  2. 2 Proper categorisation of the appellant's role under the Sentencing Council’s Guideline for supplying Class A drugs

Ratio Decidendi

The sentence of 7 years’ imprisonment was manifestly excessive as the appellant’s role was limited in time and quantity, and should have been categorised as significant in Category 3, not Category 2. The sentence is reduced to 5 years, 2 months.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence reduced to 5 years, 2 months’ imprisonment
  • All subsidiary orders to remain as before